The Idaho workers compensation act — formally the Idaho Worker’s Compensation Law (short title per Idaho Code §72-101: may be cited as the “worker’s compensation law”), found at Idaho Code Title 72 (“Worker’s Compensation and Related Laws — Industrial Commission”), Chapters 1–8 (§72-101 et seq.) — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Idaho workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Idaho at a Glance
| Official name | Worker’s Compensation Law (short title per Idaho Code §72-101: may be cited as the “worker’s compensation law”) |
| Where it lives | Idaho Code Title 72 (“Worker’s Compensation and Related Laws — Industrial Commission”), Chapters 1–8 (§72-101 et seq.) |
| First enacted | 1917 |
| Reporting deadline | Notice of the accident to the employer as soon as practicable but no later than 60 days after it happens — §72-701 (late or missing notice may be excused if the employer knew of the injury or was not prejudiced — §72-704) |
| Filing deadline | A claim for compensation must be made within 1 year after the date of the accident (or within 1 year after death) — §72-701 |
| Exclusive remedy | §72-209(1) (also §72-211) — the employer’s liability under the law is exclusive and replaces all other liability to the worker. The main exception is §72-209(3): injury or death proximately caused by the employer’s willful or unprovoked physical aggression. This must be shown by clear and convincing evidence that the employer specifically intended harm, or acted knowing injury or death was substantially likely. |
| Recent amendments | Effective July 1, 2025 (2025 session): |
In This Idaho Guide:
What the Idaho Workers Compensation Act Is
An workers’ compensation act is an no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Idaho workers compensation act dates to 1917.
It lives at Idaho Code Title 72 (“Worker’s Compensation and Related Laws — Industrial Commission”), Chapters 1–8 (§72-101 et seq.), and the official text is linked in the sources. – Idaho’s State Insurance Fund was created by the same 1917 act and remains a state source of workers’ comp coverage for Idaho employers. – Purely psychological (“mental-mental”) injuries are generally not compensable without a physical injury,
except for first responders with a qualifying post-traumatic stress injury diagnosis proven by clear and convincing evidence (§72-451). – Total disability benefits switch from the worker’s own wage to the average weekly state wage after 52 weeks (§72-408). – Many claimants should confirm current benefit figures and deadlines with the Idaho Industrial Commission and a licensed Idaho attorney.
Who the Idaho Workers Compensation Act Covers
§72-301 — every employer covered by the law must secure payment of compensation, either through a worker’s compensation insurance policy or through Commission-approved self-insurance; there is no minimum number of employees §72-212 — exempts household domestic service, casual employment, outworkers, certain family members of sole proprietors, sole proprietors, working partners/LLC members,
and corporate officers owning at least 10% of voting stock who are also directors (unless they elect coverage under §72-213)
Deadlines in the Idaho Workers Compensation Act
Waiting period: §72-402 — no income benefits for the first 5 days of disability. If disability lasts more than 2 weeks, benefits are paid back to the date of disability. The waiting period doesn’t apply if the worker is hospitalized as an in-patient..
Wage-loss rate: §72-408 — total disability pays 67% of the worker’s average weekly wage for up to 52 weeks, then 67% of the currently applicable average weekly state wage. Weekly maximums and minimums are set under §72-409 and change every year, so confirm current figures with the Idaho Industrial Commission..
Idaho Workers Compensation Act: Key Sections at a Glance
The sections of the Idaho workers compensation act that decide most cases, each with its citation:
| Coverage mandate | §72-301 — every employer covered by the law must secure payment of compensation, either through a worker’s compensation insurance policy or through Commission-approved self-insurance; there is no minimum number of employees |
| Exemptions | §72-212 — exempts household domestic service, casual employment, outworkers, certain family members of sole proprietors, sole proprietors, working partners/LLC members, and corporate officers owning at least 10% of voting stock who are also directors (unless they elect coverage under §72-213) |
| Report an injury | Notice of the accident to the employer as soon as practicable but no later than 60 days after it happens — §72-701 (late or missing notice may be excused if the employer knew of the injury or was not prejudiced — §72-704) |
| File a claim | A claim for compensation must be made within 1 year after the date of the accident (or within 1 year after death) — §72-701 |
| Waiting period | §72-402 — no income benefits for the first 5 days of disability. If disability lasts more than 2 weeks, benefits are paid back to the date of disability. The waiting period doesn’t apply if the worker is hospitalized as an in-patient. |
| Wage-loss rate | §72-408 — total disability pays 67% of the worker’s average weekly wage for up to 52 weeks, then 67% of the currently applicable average weekly state wage. Weekly maximums and minimums are set under §72-409 and change every year, so confirm current figures with the Idaho Industrial Commission. |
| Exclusive remedy | §72-209(1) (also §72-211) — the employer’s liability under the law is exclusive and replaces all other liability to the worker. The main exception is §72-209(3): injury or death proximately caused by the employer’s willful or unprovoked physical aggression. This must be shown by clear and convincing evidence that the employer specifically intended harm, or acted knowing injury or death was substantially likely. |
| Retaliation | NONE (no anti-retaliation section exists in Title 72; proposed §72-701A, 2007 S1023, could not be confirmed as enacted. Idaho courts generally recognize a common-law wrongful-discharge claim under the public-policy exception when a worker is fired for exercising the right to workers’ comp benefits. Confirm with a licensed Idaho attorney.) |
| Who hears disputes | §72-707 — the Idaho Industrial Commission has exclusive jurisdiction over all questions arising under the worker’s compensation law. Hearing procedure is in §72-713. Commission decisions may be appealed to the Idaho Supreme Court (§72-724). |
The Exclusive-Remedy Bargain in the Idaho Workers Compensation Act
§72-209(1) (also §72-211) — the employer’s liability under the law is exclusive and replaces all other liability to the worker. The main exception is §72-209(3): injury or death proximately caused by the employer’s willful or unprovoked physical aggression. This must be shown by clear and convincing evidence that the employer specifically intended harm, or acted knowing injury or death was substantially likely.
Retaliation and Penalties Under the Idaho Workers Compensation Act
NONE (no anti-retaliation section exists in Title 72; proposed §72-701A, 2007 S1023, could not be confirmed as enacted. Idaho courts generally recognize a common-law wrongful-discharge claim under the public-policy exception when a worker is fired for exercising the right to workers’ comp benefits.
Confirm with a licensed Idaho attorney.) The penalty section covers employers who go without required coverage: fines, stop-work orders and, in many states, criminal exposure. §72-707 — the Idaho Industrial Commission has exclusive jurisdiction over all questions arising under the worker’s compensation law. Hearing procedure is in §72-713. Commission decisions may be appealed to the Idaho Supreme Court (§72-724).
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Recent Amendments to the Idaho Workers Compensation Act
Effective July 1, 2025 (2025 session):
How to Read the Idaho Workers Compensation Act
Statute pages are written for lawyers, so read the Idaho workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Idaho workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Idaho claim guide turns these sections into steps and dates, and the Idaho requirements guide covers the employer side.
Frequently Asked Questions
Where is the Idaho workers compensation act in the code?
Idaho Code Title 72 (“Worker’s Compensation and Related Laws — Industrial Commission”), Chapters 1–8 (§72-101 et seq.). The sources below link to the official text.
How long do I have to report a work injury under the Idaho act?
Notice of the accident to the employer as soon as practicable but no later than 60 days after it happens — §72-701 (late or missing notice may be excused if the employer knew of the injury or was not prejudiced — §72-704). Report in writing as soon as possible either way.
Can I sue my employer instead of using the Idaho workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Idaho Sources & Resources
- Idaho Idaho Industrial Commission (originally created in 1917 as the Industrial Accident Board): https://iic.idaho.gov/
- Idaho Workers’ Comp Statute: https://legislature.idaho.gov/statutesrules/idstat/Title72/
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Idaho workers compensation act guide was last verified against official Idaho sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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More Idaho Workers’ Comp Guides
- How to File an Idaho Workers’ Comp Claim
- Idaho Workers’ Comp Settlements
- Idaho Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.